Roberts, Michael John v Secretary to the Department of Aviation [1984] FCA 228

| CATCHWORDS

Administrative Decisions (Judicial Review) Act - suspension of pilots licence pursuant to Air Naviagation Requlations - notice to show cause - whether notice consistent with rules of natural justice when no protection against self-incrimination afforded - effect of Administrative Appeals Tribunal Act and Schedules on Air Navigation Act and requlations - regulation-making power relating to suspension of licence conditional on riqht to appeal being provided - whether implied amendment of Air Naviaation Act by Administrative

Appeals Tribunal Act.

Administrative Decisions (Judicial Review) Act 1977

Administrative Appeals Tribunal Act 1975

Air Navigation Act 1920

ir Navigation Requlations

MICHAEL JOHN ROBERTS v. THE SECRETARY TO THE DEPARTMENT OF AVIATION

N.S.W. No. G. 73 of 1984

St. John, J. Eydney 9 Auagust 1984 - =T>

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 73 of 1984 ) GENERAL DIVISION )

BETWEEN: MICHSEL JOHN ROBEPTS Applicant AND THE SECRETARY T9 THE

DEPARTMENT OF AVIATION

Respondent ORDERS CORAM: ST. JOHN, J. DATE: 9 AUGUST 1984 PLACE: SYDNEY THE COURT ORDERS THAT: l. The application for review 1s dismissed.

ty The declarations sought are refused,

IN THE FEDERAL COURT OF AUSTRALTA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 73 of 1984 ) GENERAL DIVISION )

BETWEEN: MICHAEL JOHN ROBERTS

Applicant

AND: THE SECRETARY TO THE DEPARTMENT OF AVIATION

Respondent

REASONS FOR JUDGMENT

COPAM: ST. JOHN. Jo. DATE: 2 AUGYIST 1384 PLACE: SYDNEY

On 7 August 1982 the applicant. Michael John Roberts, was the pilot of a helicopter which crashed resulting in the death of three passenders. He seeks review of a decision suspending his licence to flv fixed-wing aircraft and declarations of invalidity of other decisions suspending

licences to fly fixed-wing and helicopter aircraft.